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northern district of florida

Dorand, In re--Estate of Moss v. Dorand

Ruling
State court judgment against debtor resulting from a failed real estate development projectwas dischargeable as there were no specific factual findings and the bankruptcy court couldnot infer fraud. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-088

Rooks, In re--Rooks v. St. Matthew's Univ., Inc.

Ruling
Debtor lacked standing to pursue claims against university not related to dischargeability ofstudent loan debt as all causes of belonging to the debtor at the commencement of thebankruptcy case were property of the bankruptcy estate. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on June 10, 2022 , LexisNexis #0922-061

Ironside, LLC, In re

Ruling
Bankruptcy court properly determined that assignee willfully violated the automatic staywhen it submitted a substitution order in another court to obtain control or possession of alawsuit in which the debtor had an interest. (Bankr. N.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on February 23, 2022 , LexisNexis #0422-032

Sehman, In re

Ruling
Debtor's motion for sanctions for violation of the automatic stay was granted as debtor met hisburden to prove that the creditor and the attorneys knew the automatic stay was in place andintended every act that violated the stay. (Bankr. N.D. Fla.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 10, 2021 , LexisNexis #0921-083

Gilbert, In re--Nutrien Ag Sols, Inc. v. Gilbert

Ruling
Debt was not nondischargeable as no evidence supported a finding that debtor'srepresentation in the assignment that he was signing on behalf of his nephew pursuant to apower of attorney was materially false. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 20, 2021 , LexisNexis #0921-009

Phillips, In re--Arnold v. Phillips

Ruling
Creditor ordered to show cause in writing why summary judgment should not be entered infavor of debtor absent evidence sufficient to prove that debt was for willful and maliciousinjury by debtor to the property of another entity. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on June 28, 2021 , LexisNexis #1021-039

Manown Eng'g Co., In re

Ruling
Claim for breach of contract disallowed where debtor complied with its obligations. (Bankr.N.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Commercial opinion summary, case decided on May 20, 2021 , LexisNexis #0721-006

Manown Eng'g Co., In re

Ruling
Claim for breach of contract disallowed where debtor complied with its obligations. (Bankr.N.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Commercial opinion summary, case decided on May 20, 2021 , LexisNexis #0721-006

Rudnick, In re--SC Advisors 7, LLC v. Rudnick

Ruling
Proceeding for denial of discharge dismissed for failure to state a claim. (Bankr. N.D. Fla.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on March 03, 2021 , LexisNexis #0521-095

Condor Aerial, LLC v. Novus Capital Grp., LLC

Ruling
Summary judgment for creditor lender was granted as plaintiff creditor's unenforceability complaint contained only allegations unsupported by evidence. (Bankr. N.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Court :
Commercial opinion summary, case decided on July 10, 2020 , LexisNexis #0820-056